NEETHA G AND STATE OF KARNATAKA & ANR, 2024 (KAR) 250

NEETHA G AND STATE OF KARNATAKA & ANR, 2024 (KAR) 250

FACTS: The petitioner's husband was convicted under Sections 302, 201 read with Section 34 of the IPC and sentenced to life imprisonment. He has served five years and one month of his sentence. The petitioner resides with her mother-in-law, who is the detenue's grandmother, and asserts that she is deprived of her right to have children of her own. The mother-in-law suffers from various health issues and wishes to spend time with her grandchildren. Consequently, the petitioner seeks her husband's parole to fulfill familial responsibilities.

ISSUE: Whether a convicted individual can be granted parole for familial reasons based on the right to privacy and life.

OBSERVATION: The undisputed facts confirm that the petitioner's husband has previously availed a 15-day parole as per the detenue's mother's application. The petitioner now seeks parole due to their marriage during the previous parole period on April 11, 2023, asserting deprivation of her right to progeny. In consideration of these circumstances, the court finds it appropriate to grant general parole to the petitioner's husband for a period of 30 days, effective from June 5, 2024, to July 4, 2024. Consequently, the Writ Petition is partly allowed.